Birth Defect Litigation

Parents want perfect children, but some injuries happen outside their control. Families are left with huge bills when these injuries require expensive procedures and special treatment.

A New York birth defect lawyers defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, Birth Defect pregnancy and birth. Birth defects and injuries still occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. Medical professionals may also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. This time period may be extended for infants. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some of them could be fatal. Some of these issues may be genetic while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They also encompass any do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can result in serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, it is recommended that she submit a claim.

It is crucial to select an attorney who has handled these kinds of cases. You should choose an attorney with experience in this field and is based on contingency, meaning that you won't be charged anything until you are successful. Find an attorney who has great negotiation and communication skills. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens and may cause birth defects in the fetus, including spina bifida.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

When filing a lawsuit against the parties accountable for your child's condition It is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. It's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and get the compensation they deserve.

While the causes of birth defects are generally not understood by medical professionals however, a significant proportion are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medicines are also required to inform the public about the dangers of their products. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals like those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.